Tag: trademark law
Across the Pond: How to File an International Trademark Application
Getting trademark protection in the United States is one thing. But if you want to take your brand international, you’re going to need more than just a US trademark. And if you don’t? You’re vulnerable to appropriation in other countries. Worse, you’ll have insufficient legal grounds to fight back. You’re proud of your idea–take the… READ MORE
Is Someone Illegally Using Your Trademark? The 8 Factor Trademark Infringement Test
The trademark infringement test is an umbrella term for several factors that courts use to assess confusion. The court will analyze and weigh each factor, determining if consumers in the marketplace are likely confused by both brands’ marks when they compete with one another–marketplace context being key here because it varies depending on case facts!… READ MORE
Revision Legal Wins in Bubble Guppies Trademark Dispute
Revision Legal’s trademark attorneys brought home a legal win for their client, Goodies for Kiddies (Goodies) in Rohn v Viacom, 14-cv-83, in the Western District of Michigan. Goodies, a small business that resells children’s clothing purchased from retail stores, was roped into a lawsuit between the owner of the trademark GUPPIE and several large companies… READ MORE
Essential Elements of Trademark License Agreements
As mentioned in Trademark Licensing, a trademark owner may permit another to use his or her trademark through a trademark license agreement for a period of time set out in the agreement between the licensor and the licensee. What is a Trademark License? First, we will start out with the basics. According to the… READ MORE
Abandonment of Trademark Rights
Infinite duration is one of several benefits of owning a trademark; however, a trademark may be lost or abandoned. According to the International Trademark Association, a trademark can be lost through action or inaction of the trademark owner. “The most common way to lose rights in a mark is to stop using the mark with… READ MORE
I lost a UDRP Action, Now What?
If you’ve been through the first, second, and third elements of a UDRP complaint, and you have argued laches as a defense, but have now lost your domain name to a complainant, here is what you can do. A UDRP panel is not always the final decision. You may choose to take your case before… READ MORE
UDRP Element 3: Bad Faith
UDRP Element 3: Bad Faith In case you missed it, we provided a general overview of the UDRP process here, and a more in-depth look at the first and second element of the UDRP. This post, however, delves deeper into the third element of the UDRP test, whether the domain was registered in bad faith…. READ MORE
Inherently Distinctive Trade Dress
As mentioned in Trade Dress Protection, when asserting trade dress infringement or unfair competition, the first prong of the three-prong test requires that the plaintiff show “the inherent distinctiveness or secondary meaning of its trade dress.” In Wal-Mart Stores Inc. v. Samara Brothers, Inc., the Supreme Court put to rest the issue of whether a… READ MORE
Trade Dress in Fashion Design
We often receive questions about how to protect fashion designed. This article explain trade dress in fashion design and the roles it plays to protect certain items. In the absence of copyright protection for fashion designs in the United States due to the useful nature of designs, designers have turned to protection under trade… READ MORE
Trade Dress Functionality
As mentioned in Trade Dress Protection, when asserting trade dress infringement or unfair competition, the second prong of the three-part test requires a showing of the nonfunctionality of its trade dress. Therefore, a trade dress cannot be afforded protection if it is functional. This post explains trade dress functionality and its interpretation throughout the federal… READ MORE